OCS One Complete Solution Ltd -v- Dublin Airport Authority PLC [2014] IEHC 306 (30 May 2014)

OCS One Complete Solution Ltd -v- Dublin Airport Authority PLC [2014] IEHC 306 (30 May 2014)

The court held that Regulation 8 of the Remedies Regulations provides for an automatic suspension upon application for review, but the High Court has discretion to lift the suspension before the review is determined. The correct test is set out in Regulation 9(4): the court must consider the probable consequences for all interests likely to be harmed and the public interest, and may lift the suspension if its negative consequences do not exceed its benefits. The burden of proof is on the party seeking to lift the suspension. Applying this test, the court found that the negative consequences of lifting the suspension exceeded the benefits, and declined to lift the suspension.

Citation
[2014] IEHC 306
Parties
Applicant: OCS One Complete Solution Limited; Respondent: Dublin Airport Authority PLC; Notice Party: Maybin Support Services (Ireland) Limited
Jurisdiction
Ireland
Judgment Date
30 May 2014
Procedural Posture
Judicial Review and Commercial Proceedings / Interim Application to Lift Automatic Suspension Under Procurement Regulations
Outcome
Application to lift the automatic suspension refused; suspension remains in place.
Legal Topics
Automatic Suspension in Procurement, Interim Relief, Statutory Interpretation, Remedies Under EU Directives
Public Procurement European Union Law Administrative Law Automatic Suspension in Procurement Interim Relief Statutory Interpretation Remedies Under EU Directives

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Parties

OCS One Complete Solution Limited

Applicant

Dublin Airport Authority PLC

Respondent

Maybin Support Services (Ireland) Limited

Notice Party

Procedural Posture

Judicial Review and Commercial Proceedings / Interim Application to Lift Automatic Suspension Under Procurement Regulations

Legal Issues

  1. 1 Whether issuing proceedings by OCS triggered an automatic suspension precluding DAA from entering into the contract with Maybin
  2. 2 Whether the automatic suspension can be lifted on interim application
  3. 3 Which party bears the burden of proof in an application to lift suspension

Ratio Decidendi

The court held that Regulation 8 of the Remedies Regulations provides for an automatic suspension upon application for review, but the High Court has discretion to lift the suspension before the review is determined. The correct test is set out in Regulation 9(4): the court must consider the probable consequences for all interests likely to be harmed and the public interest, and may lift the suspension if its negative consequences do not exceed its benefits. The burden of proof is on the party seeking to lift the suspension. Applying this test, the court found that the negative consequences of lifting the suspension exceeded the benefits, and declined to lift the suspension.

Court Disposition

Application to lift the automatic suspension refused; suspension remains in place.

Orders

  • Refusal to lift or discharge the automatic suspension under Regulation 8(2) of the Remedies Regulations.